October 2, 2013

The Nueces County Commissioners Court will meet on the above date at 9:00 a.m. in the Commissioners Courtroom, 3rd floor, Nueces County Courthouse, 901 Leopard, Corpus Christi, Texas.

                   SAMUEL L. NEAL, JR.       COUNTY JUDGE
                   MIKE PUSLEY       COMMISSIONER, PRECINCT NO. 1
                   JOE A. GONZALEZ       COMMISSIONER, PRECINCT NO. 2
                   OSCAR O. ORTIZ       COMMISSIONER, PRECINCT NO. 3
                   JOE MCCOMB       COMMISSIONER, PRECINCT NO. 4





CONSENT AGENDA: At most meetings, the Commissioners Court establishes a Consent Agenda. It consists of those Agenda Items which are routine or non-controversial, and which neither a member of the Commissioners Court nor the public has asked to be pulled for discussion. Once the Commissioners Court has established the Consent Agenda, Agenda Items included on it will be voted upon in one vote, and will not be discussed separately unless requested by the County Judge, Commissioner, or a citizen.

EXECUTIVE SESSION: The Commissioners Court may go into Executive Session to discuss those matters listed anywhere on the Agenda or as otherwise permitted by law.

PUBLIC COMMENT: Members of the public will have the opportunity to address the Commissioners Court during this section on any Agenda Item or any subject within its jurisdiction except a matter related to pending litigation. Each speaker should sign in on the Public Comment Sheet available at the rear of the Courtroom at least five (5) minutes before commencement of the Commissioners Court meeting. Speakers should limit their comments to two (2) minutes. The County Judge may, if he deems it necessary, limit both the number of speakers and the time allotted to each speaker. Under the law, the Commissioners Court may only take action on items specifically listed on the Agenda. Subject matter presented which is not part of the Agenda will be referred to the appropriate department for review and subsequent action. Materials submitted during public hearings will not be returned unless prior arrangements have been made through the County Clerk, with the approval of the County Judge. At least ten (10) copies of any document to be used by any speaker should be available for distribution. The speaker’s name and, if applicable, Agenda Item number should be clearly marked on such documents. Public Comment for items not on the Agenda will normally be held at the end of the meeting.

ADJOURNMENTS IN MEMORY: The Commissioners Court may adjourn the meeting in memory of deceased community leaders, County employees, and other distinguished persons. Requests for Adjournment in Memory may be made through any County Commissioner or the County Judge.

AUXILIARY AIDS OR SERVICES: Persons with disabilities who plan to attend this meeting of the Commissioners Court, and who may need special assistance, services or auxiliary aids, should contact the Office of the Nueces County Judge (361-888-0444) at least forty-eight (48) hours ahead of the meeting so that appropriate arrangements can be made.

County Judge calls for the Invocation.
Pledge of Allegiance to the United States of America and Texas Flags.
County Judge will call roll, note date, time, and location of meeting, and certify a quorum is present.
D. Approve the following Minutes:
1.   September 18, 2013. Click to View
9-18-13 Minutes


The Nueces County Commissioners Court will conduct a public hearing to receive public comment on the designation of a zone for temporary property tax abatement to be established under Chapter 312 of the Texas Tax Code.  The establishment of the zone is at the request of Ticona Polymers, Inc., and the zone would be 1,423.58 acres of land generally located approximately one and one-half miles southwest of Bishop, Texas.



The Nueces County Commissioners Court will conduct a public hearing on the proposed installation of an All Way Stop at the intersection of County Road 26 and County Road 37, in Commissioner Precinct No. 2, Nueces County, Texas.


F. The Nueces County Commissioners Court will join the Texas Association of Counties in honoring Chairman and State Representative Todd Hunter as a "Friend of County Government" for his support of counties during the 83rd Legislative Session.
Adopt the following Resolution(s) and/or Order(s):
1.   National Disability Employment Awareness Month - October 2013. Click to View
2. PUBLIC COMMENT: This section provides the public the opportunity to address the Commissioners Court on any issues within its jurisdiction. The Commissioners Court may not take formal action on any requests made during the Public Comment period which are not on the Agenda, but can refer such requests to County staff for review if appropriate.
3. CONSENT AGENDA: The following Agenda Items are of a routine nature, and the Commissioners Court has received supporting materials for consideration. All of these Agenda Items will be passed with one vote without being discussed separately, unless a member of the Commissioners Court or the public requests that a particular Agenda Item be discussed. If so, that Agenda Item will be pulled from the Consent Agenda and discussed as part of the regular Agenda at the appropriate time. One vote will approve the remaining items on the Consent Agenda.
A.   Authorize payment of bills - manual check registers dated September 24, 2013. Click to View
Manual ckreg
B.   Authorize payment of bills - regular bill summaries dated August 26, 2013; August 30, 2013 C; September 9, 2013; September 13, 2013 B; September 20, 2013; and September 27, 2013. Click to View
ckreg 8/27/13
ckreg 8/30/13
ckreg 9/9/13
ckreg 9/13/13
ckreg 9/20/13
ckreg 9/27/13
C.   Authorize payment of bills - special motions list dated October 2, 2013. Click to View
Special Motions LIst
Special Motions Backup
D.   Authorize payment of Pcard purchases for the month of August, 2013. Click to View
E.   Approve personnel actions of a budgeted nature:
  a.  Application Temporary List No. 344
  b.  Unfreeze List No. 672
  c.  Personnel Changes reports dated September 13, 2013 and September 20, 2013.
Click to View
Temporary Positions #344 List
Unfreeze Positions #672 List
Personnel Changes 9-13-13
Personnel Changes 9-20-13
F.   Accept $2,500.00 in contributions to the Emergency Training Fund, and a $1,405.31 contribution to the Library Board. Click to View
G.   Ratify a contract with HealthSmart for Primary Network for RFP No. 2933-13 Primary Network Service, Pharmacy Benefit Management (PBM) and Wellness Programs. Click to View
RFP 2933-13 Health Smart contract
H.   Ratify a contract with Script Care for Pharmacy Benefit Management for RFP No. 2933-13 Primary Network Service, Pharmacy Benefit Management (PBM) and Wellness Programs. Click to View
Script Care Agreement
I.   Approve the following Tax Deed and highest minimum bid to date:
1. 43.01 acres, being Block 8, Rancho Amistad Subdivision, in the amount of $50,000.00.
Click to View
Tax bid
J.   Authorize/Execute a contract with Sungard Public Sector, Inc. for IFAS and OneSource applications, professional services, and hosting fees. Click to View
Sungard Provider Service
K.   Approve a contract with the Educational Service Center Region 2 (ESC-2) for Internet services for FY 2013-14. Click to View
ESC contract
L.   Approve sole source purchase of annual maintenance with Intergraph for the Jail Management System. Click to View
Intergraph maintenance
M.   Authorize/Execute one-year lease agreements for the following hangars at the Nueces County Airport:
  1. M-4 & M-5 Hangars - Integrity Communications, LTD (Bill Sugarek);
  2. T-4 Hangar - Jerry Hunsaker;
  3. T-6 Hangar - Jerry Lunceford;
  4. T-7 Hangar - Johnston Fertilizer, Inc.;
  5. T-8 Hangar - F. A. Sternberg;
  6. T-8 Hangar - Gregory P. Gideon; 
  7. T-1 & T-10 Hangar - Donald Bayne Horne, Jr.;
  8. T-11 & T-13 Hangar - Guillermo A. Pliego;
  9. T-14 Hangar - Hopkins Law Group;
10. T-15 Hangar - Civil Air Patrol;
Click to View
M-4 & M-5 Hangars Lease - Integrity Communications, LTD (Bill Sugarek)
T-4 Hangar Lease - Jerry Hunsaker
T-6 Hangar Lease - Jerry Lunceford
T-7 Hangar Lease - Johnston Fertilizer, Inc.
T-8 Hangar Lease - F.A. Sternberg
T-9 Hangar Lease - Gregory P. Gideon
T-1 & T-10 Hangars Lease - Donald Bayne Horne, Jr.
T-11 & T-13 Hangars Lease - Guillermo A. Pliego
T-14 Hangar Lease - Hopkins Law Group
T-15 Hangar Lease - Civil Air Patrol
N.   Authorize/Execute Amendment No. 4, one (1) year renewal, to the Agreement between Nueces County and Public Communications Services, Inc. (PCS) for Inmate Telephone and Public Coin Telephone Services (RFP No. 2799-08). Click to View
Amendment 4
O.   Approve the application procedure for appointment to the following Nueces County Advisory Boards:
1. Nueces County Beach Management Advisory Committee; 
2. Nueces County Child Welfare Board;
3. Nueces County Civil Service Board;
4. Nueces County Rural Rail Transportation District.
Click to View
NC Beach Management Adv. Committee
NC Child Welfare Board
NC Civil Service Commission
NC Rural Rail Transportation District
D. Feferman letter of resignation
1.   Receive introduction of the new agent for the Texas A&M AgriLife Extension Service, County Extension Agent-Agriculture and Natural Resources position. Click to View
2.   Receive a presentation by Captain James Brown, City Fire Marshall, on the 2013 Fire Prevention Poster Contest. Click to View
Poster Contest
3.   Discuss and consider adopting an order for the creation of a reinvestment zone for property tax abatement as requested by Ticona Polymers, Inc., consisting of approximately 1,423.58 acres located one and one-half mile southwest of Bishop, Texas. Click to View
Ticona Zone Order pdf
Exhibit A - Zone Description
4.   Discuss and consider adopting an order approving a variance and a temporary tax abatement agreement with Ticona Polymers, Inc., pursuant to Chapter 312 of the Texas Tax Code. Click to View
Ticona Order Approving Agreement pdf
Ticona Tax Abatement Agreement
Ticona Application for Incentives pdf
Celenese Request for Variance
5.   Discuss and consider authorizing participation in the Don’t Mess with Texas Water Program related to the placement of signs at the Nueces River crossing at FM 666. Click to View
Don't Mess with Texas Water Sign Placement
6.   Discuss and consider approving the following for the upcoming November 5, 2013 Nueces County Constitutional Amendment Election:
   a. Early Voting Substations
   b. Mobile Calendar
   c. Election Day Polling Places
Click to View
EV Calendar
Polling place changes
Election Day Polling Locations
7.   Receive presentation on a phase II Building Retrofit and Energy Efficiency Project related to the Courthouse/Jail, McKinzie Annex, and Juvenile Justice Facilities; authorize staff to move forward with 3rd Party Review and development of a Project Agreement with Johnson Controls, Inc. Click to View
8.   Discuss and consider accepting proposal for leasing office space in the Corpus Christi Regional Transportation Authority Staples Service Center building for the Nueces County Veterans Services Office and Human Services Office. Click to View
RTA Proposal
9.   Discuss and consider approving a simplified application form for commissions or boards appointed by the Nueces County Commissioners Court. Click to View
Board Application
10.   Discuss and consider approval of the Sheriff's and Constable's Fees for 2014, pursuant to Section 118.131 of the Texas Local Government Code. Click to View
Sheriff and Constable Fees
11.   Discuss and consider modifying the procedure for board encumbents to reapply for boards or commissions appointed by the Nueces County Commissioners Court. Click to View
1.   Discuss and consider acceptance of a grant award from the Governor’s Criminal Justice Division for funding for the Nueces County Drug/DWI Court. Click to View
Drug Court Award
2.   Discuss and consider acceptance of a grant award and execution of related contract documents for the Texas Parks and Wildlife Department (TPWD) – Local Land and Water Conservation Fund for Nueces County LyondellBasell Park (Project No. 48-001124). Click to View
Lyondell Contract Docs
3.   Discuss and consider execution of a Sub-Recipient Grant Award for the Homeland Security Grant Program (HSGP) - FY13 State Homeland Security Program (SHSP). Click to View
HSGP Award letter 2
Nueces County 2013 SHSP
1.   Discuss and consider approving installation of an All Way Stop at the intersection of County Road 26 and County Road 37 in Precinct 2. Click to View
24 Hour Traffic Counts
All Way Stop County Roads 26 & 37
1.   Discuss/Award RFP No. 2936-13 for Auditing Services. Click to View
RFP 2936-13 Proposal Tab
2.   Discuss and consider making a finding for the method of procurement (request for competitive bids) for Armored Car Service; and authorize the Purchasing Agent to publish a notice. Click to View
1.   Approve Budget Change Order No. 24 for Fiscal Year 2012-2013. Click to View
BCO #24 List
BCO#24 - Request Forms
2.   Discuss and consider creating and unfreezing an Application Support Analyst position, pay group 25, in the Information Technology Department to provide on-going support to departments in implementing and using Odyssey and other software applications. Click to View
Job Description - Application Support Analyst - IT
5. EXECUTIVE SESSION: PUBLIC NOTICE  is given that the Commissioners Court may elect to go into an Executive Session anytime during the meeting to discuss matters listed on the Agenda, when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code. In the event the Commissioners Court elects to go into Executive Session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the Executive Session will be publicly announced by the presiding officer. In accordance with the authority of the Government Code, Vernon’s Texas Codes, Sections 551.071, 551.072, 551.073, 551.074, 551.0745, 551.076, 551.086, 551.087, the Commissioners Court will hold an Executive Session to consult with attorney(s) including matters related to litigation; deliberate regarding real property, prospective gift(s), personnel matters, including termination, county advisory bodies, security devices, and/or economic development negotiations and other matters that may be discussed in an Executive Session. Upon completion of the Executive Session, the Commissioners Court may in an open session take such action as appropriate on items discussed in an Executive Session.
A.   Discuss with County Attorney and consider authorizing the County Attorney's Office to pursue the County's claims in regard to the HVAC problems at the Keach Family Library, and authorizing the County Attorney to send a demand letter to responsible parties. Click to View
B.   Discuss and consider authorizing the County Attorney to file a petition for mandamus in the Texas Supreme Court from Case No. 13-13-346-CV, Steve Schwerin v Nueces County, et al., In the Thirteenth Court of Appeals, on appeal from Cause No. 06-6073-F, in the 214th Judicial District, Nueces County, Texas (Hon. Alex Gabert by assignment), and related matters. Click to View
C.   Discuss and consider status of Cause No. 09-5990-C, San Patricio County, Texas v Nueces County, Texas, and Nueces County Appraisal District, In the 94th Judicial District Court of Nueces County, Texas, and related matters. Click to View
D.   Discuss and consider status of Cause No. 2013-DCV-4282-G; Ismael Hernandez v. Judge Mike Westergren, et al, In the 319th Judicial District Court of Nueces County, Texas, and related matters. Click to View
E.   Discuss and consider authorizing County Attorney to file an appeal from Cause No. 2012-CCV-60799-1, Virgina Canas v Nueces County Texas, In the County Court at Law No. 1 of Nueces County, Texas (Hon. Robert Blackmon, by assignment), and related matters. Click to View
Adjournment in Memory (upon request)


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